2. Regional Offices

(a) Regional Offices should be established by the Director-General under the instructions of the Conference;

(b) a Regional Office shall have such regional functions as may be assigned to it by the Conference.

3. Regional Agencies

Special arrangements should be made by the Conference with regional intergovernmental health agencies with a view to their facilities and services being utilized to the fullest possible extent as regional offices of the Organization.

XIII. BUDGET AND EXPENSES

1. The Director-General should prepare and submit to the Board the annual budget estimates of the Organization. The Board should consider and submit such budget estimates together with any recommendations it may deem advisable to the Conference for consideration and action.

2. Subject to such agreement as may be reached with the United Nations, the Conference should approve the budget estimates and should make the apportionment of expenses among the Member States in accordance with the scale appended hereto.1

3. The Conference, or the Board acting on behalf of the Conference, should be empowered to accept and administer gifts and bequests to the Organization, provided that the conditions of such gifts or bequests are acceptable to the Conference or the Board and are consistent with the purposes and the policies of the Organization.

4. Subject to such agreement as may be reached with the United Nations, the administrative part of the budget should be examined in the same manner as the budget of the United Nations.

5. A special fund to be used at the discretion of the Board should be provided for emergencies and unforeseen contingencies.

XIV. VOTING

Decisions of the Conference, of the Board, of committees and of conferences convened by the Organization should be taken by majority vote of the members thereof who are present and voting, except where otherwise provided in the Constitution of the Organization.

1

1 Provisional scale to be established by June conference.

XV. REPORTS SUBMITTED BY STATES

1. Each Member State should report annually to the Organization on the action taken progressively to improve the health of its people. 2. Each Member State should report annually on the action taken with respect to recommendations made to it by the Organization and with respect to conventions, regulations, and agreements.

3. Each Member State should communicate promptly to the Organization pertinent laws, regulations, official reports, and statistics concerning health, and should transmit on request of the Organization such additional information pertaining to health as may be practicable. 4. Each Member State should also provide statistical and epidemiological reports in a manner to be determined by the Organization.

XVI. LEGAL STATUS1

The Organization should enjoy in the territory of each of its Member States complete independence and such legal capacity and privileges and immunities as may be necessary for the exercise of its functions and the fulfilment of its purposes. Representatives of Member States, officials and administrative personnel of the Organization should similarly enjoy the same independence and such exemptions, privileges, and immunities as are necessary for the independent exercise of their functions in connection with the Organization. The Conference should be empowered to make recommendations to the Member States as to the details of the application of the foregoing principles.

XVII. RELATIONS WITH OTHER ORGANIZATIONS 1. Relations With the United Nations

The Organization should be brought into relationship with the United Nations as soon as practicable, as one of the specialized agencies referred to in Article 57 of the Charter of the United Nations, through the conclusion of an agreement with the United Nations in accordance with Article 63 of the Charter, which agreement should be subject to approval by the Conference.2

'The privileges to be enjoyed by the Organization, its members, and personnel should not be less than those enjoyed by the United Nations or any specialized agency, e.g. the necessary priority for postal, telegraph, cable, and wireless communications and exemption from taxation, customs, etc.

2 The Technical Preparatory Committee took cognizance of the fact that the Economic and Social Council had decided that the items which should be subject to negotiations with specialized agencies to be brought into relationship with the

2. Relations With Specialized Intergovernmental Organizations

(a) The Conference should be authorized to establish effective relationships with such specialized intergovernmental organizations as may be desirable.

The Board or Director-General should be authorized in emergency to develop provisional relationships with such organizations subject to later consideration by the Conference.

(b) The Organization should be authorized to assume the functions and acquire the resources, assets, and liabilities of any specialized intergovernmental organization or agency whose purposes and functions lie within the scope of the Organization either through mutually acceptable arrangements with the competent authorities of such organizations or as may be conferred upon the Organization by international convention or agreement.

3. Relations With Non-Governmental Organizations

The Conference should be authorized to establish effective relationship with non-governmental international organizations and, with the consent of the State concerned, with national organizations.

The Board or Director-General should be authorized in emergency to develop provisional relationships with such organizations subject to later consideration by the Conference.

1. The Constitution should come into force when it has been signed without reservation in regard to ratification or when instruments of ratification have been deposited with the Secretary-General of the United Nations on behalf of the Governments of at least 15 signatory States.

United Nations are as follows: (a) reciprocal representation; (b) exchange of information and documents; (c) coordination commission of the Economic and Social Council; (d) recommendations to the specialized agencies; (e) reports; (f) decisions of the Security Council; (g) assistance to the Trusteeship Council; (h) requests for advisory opinions; (i) requests for information by the Court; (j) budgetary and financial relationships; (k) liaison; (1) proposal of agenda items; (m) rules of procedure; (n) common fiscal services; (o) personnel arrangements; (p) privileges and immunities; (g) administrative tribunal; (r) technical services; (8) central statistical service; (t) location of headquarters. 'Provision will be necessary for amending the Constitution. The Technical Preparatory Committee, recognizing the legal problems involved, proposed no wording for this article, referring it to the June conference for drafting.

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2. The Constitution should come into force in respect of each of the other Governments of the signatory States on the date of signature on its behalf, unless such signature is made with a reservation in regard to ratification, in which event the Constitution should come into force in respect of such Government on the date of the deposit of its instrument of ratification.

Resolutions

Adopted by the Technical Preparatory Committee on April 5, 1946

GENERAL RESOLUTIONS

The Technical Preparatory Committee resolves:

I

to request the Secretary-General of the United Nations to transmit the report of the Technical Preparatory Committee to the Members of the United Nations as rapidly as possible;

II

to draw the attention of the Economic and Social Council to the importance of establishing as soon as practicable a single international health organization to be known as the World Health Organization; and, for this purpose, to the importance of asking Members of the United Nations to give plenipotentiary powers to their delegates to the World Health Conference to be convened on June 19, 1946 in New York for the signing of a Final Act to establish the Organization; 1

1

III

to propose to the Economic and Social Council that consideration be given to the desirability of inviting States not Members of the United Nations, Allied Control Commissions in occupied territories, the International Labour Organization, the Food and Agriculture Organization of the United Nations, the United Nations Relief and Rehabilitation Administration, the United Nations Educational, Scientific and Cultural Organization, the Provisional International Civil Aviation Organization, the Office International d'Hygiène publique, the Pan American Sanitary Bureau, and the League of Red Cross Societies to send representatives to the June conference as observers;

1

1 See Resolution VI for further powers which the Technical Preparatory Committee recommended be granted to delegations to the June conference.

IV

to recommend that in the event of the World Health Organization not being established upon the conclusion of the June conference, the Conference should provide for the setting up of an Interim Commission the functions of which would be:

(a) to

prepare provisional agenda for the first session of the World Health Organization, taking into consideration the proceedings of the June conference; to prepare documents and recommendations relating to all matters on the agenda, including such matters as the possible transfer of functions, activities and assets of existing international agencies, other arrangements for the Secretariat of the Organization and the appointment of its Director-General; and to prepare a draft agreement with the United Nations;

(b) to make studies and prepare recommendations concerning the initial work and the first budget of the Organization for presentation to the first meeting of the World Health Conference; (c) to deal with any urgent problems in the health field which do not fall within the scope of any existing intergovernmental organization;

V

to draw the attention of the Secretary-General of the United Nations to the necessity of providing immediately temporary machinery to carry on the present activities of the League of Nations Health Organization and to deal with any other urgent problems in the health field which do not fall within the scope of any existing intergovernmental organization; and, in order to avoid duplication of functions, to the necessity of transferring such temporary machinery to the World Health Organization or its Interim Commission upon the formation of either;

VI

to recommend that in order to constitute a single World Health Organization the Office International d'Hygiène publique be absorbed in the proposed new Organization.

The Committee realizes that legal issues are involved which are outside the competence of health experts but suggests that a convenient order of proceeding might be for the powers represented at the June conference to sign an additional protocol providing for the amendment of the Rome agreement of 1907.1 This protocol should

'In the event of Alternative A of the Section on Regional Arrangements (Section XII) of the Proposals for a Constitution being accepted, similar arrangements should be made in regard to the Pan American Sanitary Bureau.